Driver in fatal 2004 crash jailed again for DUI

NORRISTOWN – Saying he had to protect society, a judge sent a Lower Frederick man, who previously spent time in prison for driving drunk and killing his passenger friend in 2004, back to jail for a second DUI offense.

“It’s my opinion you present an increased risk to society,” Montgomery County Judge Gary S. Silow addressed repeat DUI offender Kyle Michael Rudderow on Friday. “This is a disease. I understand that it is. But I have to protect society as well.”

Silow sentenced Rudderow, 30, of the 100 block of Big Road, to 11˝ to 23 months in the Montgomery County Correctional Facility, to be followed by three years’ probation and 100 hours of community service, after Rudderow pleaded guilty to a charge of driving under the influence of alcohol in connection with a June 2011 incident in Pennsburg. Rudderow must report to jail Oct. 29.

Rudderow faced at least a mandatory minimum sentence of 90 days behind bars for the second DUI offense but state sentencing guidelines allowed for additional jail time, including the potential for state prison time.

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“Every time somebody drinks and drives they put not only their lives at risk but they put the lives of innocent motorists and passengers at risk every time they get out there,” said Assistant District Attorney Matthew Quigg, who argued for a state prison sentence against Rudderow, implying Rudderow did not learn a lesson from the 2004 DUI fatality. “You would think that when you drink and drive and get in a car accident and kill your own best friend, that would be a wakeup call. Obviously, that wasn’t a wakeup call for him.”

In September 2005, Rudderow, then 23 and residing on Colonial Drive in East Greenville, was sentenced to 18 to 36 months in the county jail, two years’ probation and community service after he pleaded guilty to charges of homicide by vehicle, recklessly endangering another person and driving under the influence of alcohol in connection with a March 2004 crash that claimed the life of his then roommate, 23-year-old Keith LaCava.

Quigg, reading from a sentencing transcript from 2005, pointed out that at that time Rudderow told a judge the fatal crash changed his life and, “I’ll never play with people’s lives again.”

“That’s precisely what he did in this instance. That’s the risk to society going forward,” argued Quigg, referring to Rudderow’s latest DUI offense and the risk to society it posed. “He obviously hadn’t learned his lesson and has gone out and done it again. That’s why I think that a sentence certainly above the mandatory minimum of 90 days is more than appropriate.”

Upper Perkiomen Police wrote in a criminal complaint that they discovered an intoxicated Rudderow in a Chevrolet Malibu, which was parked against a curb facing north in the southbound lane of travel at the intersection of Main Street and West Fifth Avenue in Pennsburg, at about 11 p.m. June 7, 2011. Police were alerted to Rudderow by a passing motorist who thought Rudderow’s conduct was suspicious, court papers indicate.

A subsequent blood test determined Rudderow had a blood-alcohol content of 0.20 percent, which is more than twice the legal blood-alcohol content of 0.08 percent, according to the arrest affidavit.

Defense lawyer Vincent A. Cirillo IV argued for leniency on behalf of Rudderow, pointing out that Rudderow has been sober since July 2011 and sought inpatient and outpatient substance abuse treatment since the June 2011 DUI.

“I think at that point there was a wakeup call. He has completely turned his life around since that night,” Cirillo argued. “He hasn’t relapsed. He’s pretty sincere. I know he’s regretful for everything that’s happened.”

Rudderow, at times tearful, spoke candidly about his substance abuse demons, which, according to testimony, at times included alcohol, cocaine, heroin opiates and marijuana since the age of 13. Rudderow testified he continued to abuse substances after he was released from jail for the fatal DUI, despite completing some outpatient treatment.

“I was filled with this guilt and remorse and I couldn’t stop. It was just too painful,” Rudderow told the judge.

Rudderow claimed the night of the second DUI arrest “changed my life.” He said he has been in treatment ever since and now counsels others going through 12-step programs. About a dozen friends, many of whom said they look to Rudderow for help as they fight their own substance abuse demons, were in court to support Rudderow.

Rudderow’s father, Richard Randy Rudderow, poignantly testified his family plunged into “chaos” after the 2004 fatal crash that was caused by his son.

“The chaos created by that is hard to come close to describing. Because of Kyle’s addiction it was palpable every day,” said the elder Rudderow, choking back tears, adding he’s seen a change in his son since the second DUI arrest and Kyle’s acceptance of treatment. “There’s a profound change in my son and relief from the chaos in my life. From my perspective, this is a productive citizen here.”

Silow said he had been considering sending Rudderow to state prison, but imposed a county sentence after testimony from Rudderow’s father and friends gave him “something to think about.”

The judge adamantly denied a request by Cirillo to give Rudderow some jail credit for the previous 21 days he spent at an inpatient treatment facility last year.

During his 2005 sentencing hearing, Rudderow indicated the fatal crash occurred after he, LaCava and another friend had been out drinking.

Rudderow had a blood-alcohol content of 0.10 percent at the time of the 12:10 a.m. March 27, 2004, crash in the 3700 block of Layfield Road, also known as Route 663, in Upper Hanover, according to state police at Skippack at the time.

LaCava, a front seat passenger in the 1994 Jeep Grand Cherokee that Rudderow was driving, was pronounced dead at the scene from multiple injuries.

Rudderow, who was ejected from the vehicle, and another passenger, David Wasmanski, then 21, of Perkiomenville, were injured in the crash.

Rudderow, according to the criminal complaint, was traveling northbound when he lost control of the SUV on a curve and crashed into a utility pole on the west side of the two-lane roadway. Investigators alleged the vehicle was traveling between 61 and 73 mph at the time of the crash. The posted speed limit at that location is 45 mph, police said.

About the Author

Carl Hessler Jr. writes about crime and justice at the Montgomery County Courthouse for The Mercury and 21st Century Media Newspaper’s Greater Philadelphia area publications. A native of Reading, he studied at Penn State University and Kutztown University before graduating from Alvernia University with a degree in communications. He is a recipient of a National Headliner Award and has been honored for his writing by the Keystone Press Association, Philadelphia Press Association, Society of Professional Journalists and the Associated Press Managing Editors of Pennsylvania. Reach the author at chessler@pottsmerc.com
or follow Carl on Twitter: @MontcoCourtNews.